A donor agreement records what a sperm donor and the intended parents agree about the donor’s role: whether there will be contact with the child, what information will be shared, and that the donor will not seek legal parenthood or authority over the child. It is worth drawing this up carefully, because the agreement cannot settle everything – legal parenthood follows from the law, not from the contract, and an agreement cannot bind the child itself.
Under Dutch law, the woman who gives birth is always the child’s legal mother. A known donor does not become a legal parent simply by donating; parenthood arises through recognition, marriage, registered partnership, or adoption. A donor who has built a close personal relationship with the child can still apply to the court for a contact arrangement, and the donor agreement is usually the first thing a court looks at to establish what everyone originally intended.
দাতার চুক্তি কী?
A donor contract, or donor agreement, records the arrangements between the intended parent(s) and a sperm donor. Dutch fertility clinics and family lawyers distinguish two types of donorship: type B and type C.
Type B donorship means the donation comes from a donor selected by a clinic and unknown to the intended parents. This type of donor is registered with the Foundation Donor Data Artificial Insemination (Stichting donorgegevens kunstmatige bevruchting). Thanks to this registration, the child conceived from the donation can later find out about his or her origin. From the age of twelve, the child can request the donor’s basic data.
This basic data covers, for example, the donor’s appearance, profession, family situation and character traits as described by the donor at the time of the donation. From the age of sixteen, the child can also request the donor’s identifying personal data, such as name, date of birth and place of residence.
Type C donorship, on the other hand, involves a donor who is known to the intended parents. This is usually someone from the intended parents’ circle of family or friends, or someone the intended parents found themselves, for example online. Most donor agreements are drawn up for this type of donor, because the intended parents know the donor and his personal characteristics in advance.
A further advantage of a known donor is that there is no waiting list, so insemination can proceed quickly. Precisely because of this, it is important to make clear agreements with this type of donor and to put them in writing. A donor agreement can prevent misunderstandings later.
Should a dispute ever arise, the agreement shows afterwards what the parties agreed and what they intended when they signed it. To avoid disputes and proceedings with the donor, we recommend involving a lawyer at an early stage when preparing the donor agreement.
What should a donor agreement cover?
A donor agreement usually records:
- দাতার নাম ও ঠিকানার বিশদ
- Name and address details of the intended parent(s)
- Agreements on the donation itself, such as duration, communication and handling
- Medical aspects, such as screening for hereditary conditions
- Permission to access medical data
- Any allowances, usually travel costs and the costs of the donor’s medical examinations
- The donor’s rights and obligations
- নামবিহীনতা এবং গোপনীয়তা
- উভয় পক্ষের দায়বদ্ধতা
- Provisions for a change in circumstances
What are the legal rights and obligations towards the child?
Towards the conceived child, an unknown (type B) donor generally has no legal role. He cannot, for instance, force his way into legal parenthood. A donor can still become a legal parent through recognition, but only with the intended parent’s consent, and only if the child does not already have two legal parents.
The position of a known (type C) donor is different. Here, contact with the child and a possible maintenance contribution can also play a role. That is why we advise intended parents to discuss and record the following points with the donor.
Legal parenthood
Discussing legal parenthood with the donor beforehand prevents intended parents from being caught off guard later if the donor wants to recognise the child. It is important to ask the donor in advance whether he wishes to recognise the child or seek custody. Recording the outcome of that conversation in the donor agreement also protects the legal parenthood of the intended parent(s).
Contact and guardianship
This is another point the intended parents and the donor should discuss beforehand. In particular, they can agree whether there will be contact between the donor and the child and, if so, under which circumstances. This prevents the child from being confronted with unexpected contact later on.
In practice, arrangements vary widely: one donor may see the child every month or every quarter, while another will not meet the child until he or she turns sixteen. Ultimately, this is for the donor and the intended parents to agree between themselves.
শিশু রক্ষণাবেক্ষণ
If the donor agreement clearly states that the donor only makes his sperm available for artificial insemination and takes on no further role, he does not act as the child’s “verwekker” (procreator) within the meaning of article 1:394 of the Dutch Civil Code, and is not liable for maintenance on that basis. If that is not the case, a court may still regard him as the child’s verwekker, which can bring a duty to contribute to the child’s maintenance. The Court of Appeal in The Hague confirmed that a known donor who acted purely as a donor, without ever intending to take on a parental role, was not liable for maintenance (Gerechtshof Den Haag 18 May 2022, ECLI:NL:GHDHA:2022:900).
This makes the donor agreement important not only for the intended parent(s), but also for the donor himself. With a clear agreement in hand, the donor can show that he acted only as a donor, which helps prevent a later claim for child maintenance.
When should you draft, check or update a donor agreement?
Do you already have a donor agreement, and have circumstances changed for you or for the donor? Then it may be worth updating it. Think of a house move that affects contact arrangements, or a change in income that calls for a review of any maintenance contribution. Adjusting the agreement in good time, with terms both parties support, increases the chance of a stable and peaceful situation for everyone involved, including the child.
Even if nothing has changed, it can still be worth having your donor agreement reviewed by a specialist. At আইন & More, we know that every situation is different, which is why we take a personal approach. Law & More'গুলি family law attorneys can review your situation and assess whether your donor agreement needs updating.
Would you like to draw up a donor agreement with the guidance of an experienced পারিবারিক আইন অ্যাটর্নি? Our lawyers can also assist or advise you in the event of a dispute between intended parents and a donor.
সংক্ষেপে
- A donor agreement records the arrangements between intended parents and a sperm donor, but cannot itself determine legal parenthood.
- Dutch law distinguishes a type B donor (unknown, via a clinic) from a type C donor (known to the intended parents); most donor agreements concern a type C donor.
- A donor child can request the donor’s basic data from age twelve and identifying data from age sixteen.
- A known donor can still apply for contact based on a close personal relationship with the child, so it is wise to agree on contact and legal parenthood in advance.
- A clear agreement, drafted with legal advice, helps protect both the intended parents’ legal parenthood and the donor against an unexpected maintenance claim.
সচরাচর জিজ্ঞাস্য
Does a sperm donor automatically become the child’s legal father?
No. Under Dutch law, a donor only becomes a legal parent through recognition, which requires the consent of the intended parent and is only possible if the child does not already have two legal parents.
Can a known donor ask to see the child?
A donor with no legal role can still apply to the court for a contact arrangement if he has built a close personal relationship with the child. Agreements recorded in the donor agreement are an important starting point for that assessment.
Does a donor have to pay child maintenance?
Not if the donor agreement makes clear that he only provided sperm for artificial insemination and took on no further role. If he acted as the child’s verwekker under article 1:394 of the Civil Code, a maintenance obligation can still arise.
আপনার অবস্থান সম্পর্কে অনিশ্চিত? আপনার পরিস্থিতি আমাদের জানান। আমরা এক কর্মদিবসের মধ্যে আপনার বিকল্পগুলো জানিয়ে দেব।
